Rohana Yusof J:

[1]This is an application for judicial review made under O 53 of the Rules of the High Court 1980 (RHC), seeking for an order of certiorari to quash the decision of the respondent. The application also sought for a declaration that, Foo Shi Wen is a citizen by operation of law following an adoption order made by the High Court under the Adoption Act 1952

BRIEF FACTS

The facts leading to this application are these. The applicant is a Malaysian Citizen. In September 2004, he started a relationship with a Thai lady (Ms Ngamta Thongsom) which cumulated in an unregistered marriage between them in Thailand on 21 July 2005. The marriage was neither registered under the governing laws of Thailand (Civil and Commercial Code of 1935, 1976 and 1990) nor in Malaysia under the Law Reform (Marriage and Divorce) Act 1976

A male child named Foo Shi Wen was born out of that relationship. He was born in Malaysia on 10 March 2006 as seen from his original birth certificate BR 15099 in exh FTA2. The certificate states him as ‘bukan warganegara’. He took the citizenship of his mother. He however was at all times under the care of his biological father, the applicant and his grandmother in K